Business Work-Outs, Pre-Bankruptcy, and Bankruptcy Litigation

Business failures represent a huge loss to investors and creditors alike, sometimes the largest economic losses that people ever suffer. Since 2007 we have helped many of our clients restructure their debts and businesses in order to survive. In a few cases, that has involved helping them with an orderly shut-down so as to maximize their recovery of assets and payments to creditors. But in most cases, we have assisted our clients to greatly reduce their size and scope while keeping their doors open in hopes of future success when the markets recover.

We work with troubled businesses and business owners to try to avoid failure and minimize losses. We counsel business owners, work with creditors, restructure loans and payments, obtain new financing, and try to use every available alternative to help our clients succeed. We have substantial experience negotiating with the large national and regional banks, including Bank of America, BB&T, Chase, JP Morgan, Citi, and Wells Fargo, all of whom are represented by excellent lawyers who still need to understand the economic realities and the ability of even the most able businessmen and woman to make payments.

If success is not possible, then we do whatever we can to minimize the impact of failure. We also help clients plan for the possibility of business failures by structuring their businesses and their other asset holdings, so that a specific business failure will not result in their financial ruin.

We have assisted clients in all phases of the difficult work-out process, with experience ranging from construction and development, multifamily and commercial single asset real estate, to very significant industrial concerns.

We have also assisted clients in the orderly shut-down of businesses that could not be saved, thereby avoiding the expense and delay associated with Bankruptcy.

We have also represented equity interests in Bankruptcy to achieve recovery despite the insatiable avarice of creditors.

We will be happy to meet with you to discuss any such matters to see if we can help you survive to achieve future successes.

Representative Projects

Mirant Shareholders’ Litigation: We represented a group of independent shareholders in the Mirant Bankruptcy leading to an unprecedented $1 Billion recovery by shareholders.

Wadsworth, et. al. v. Ramus: We filed a United States Bankruptcy Court adversary proceeding litigation regarding the theft and embezzlement of over 200 recognized works of art worth approximately $40 Million. Result: This firm’s clients, a group of wealthy investors, were extricated from this litigation with their personal art collections, reputations, and other assets protected.

American Independent Mortgage v. Lloyds of London: We were engaged as special counsel by a Trustee in an involuntary Chapter 7 case to pursue disputed claims against certain underwriters at Lloyds of London. Result: Our computerized forensic accounting modeling, which was conceived, designed, and executed by this firm, clearly demonstrated the tracing of funds through a series of dummy accounts, leading to a substantial recovery on behalf of our client in a complex case that had been formally evaluated as economically infeasible. Our fee was based upon a contingency of the amount collected, so the creditors achieved a substantial dividend.